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Moore v. Harrod's Pallet Company LLC

United States District Court, M.D. Georgia, Macon Division

January 25, 2019

JOHNNY MOORE, Plaintiff,
v.
HARROD'S PALLET COMPANY LLC, Defendant.

          ORDER

          MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

         On December 13, 2018, a bench trial was held to resolve the claims brought by Plaintiff Johnny Moore against Defendant Harrod's Pallet Company, LLC. Doc. 29. Because the Defendant failed to appear at the trial, only Moore presented his case. Id. At the conclusion of Moore's case, the Court ordered Moore to file proposed findings of fact and conclusions of law and a motion for attorney's fees. Id. Moore complied. Doc. 32. For the following reasons, judgment is entered in favor of Moore, and his motion for attorney's fees (Doc. 32) is GRANTED.

         I. PROCEDURAL BACKGROUND

         On February 28, 2017, Moore filed his complaint against his previous employer, Defendant Harrod's Pallet Company, alleging that the Defendant fired him because of his age in violation of Title VII of the Civil Rights Act of 1964. Doc. 1. The summons to the Defendant was returned executed on March 20. Doc. 4. The Defendant failed to plead or otherwise defend against the suit. Moore filed a motion for entry of default, which was granted by the Clerk of Court, and proceeded to file a motion for default judgment. Docs. 5; 6. The Court denied his motion for default judgment for failing to allege a violation of the Age Discrimination in Employment Act of 1967 and ordered Moore to show cause as to why his case should not be dismissed for failure to state a claim upon which relief could be granted. Docs. 7; 8.

         On July 5, 2017, Moore filed his response and a motion to amend his complaint, which the Court granted. Docs. 11; 12; 13. After filing his complaint alleging a violation of the ADEA, rather than the Civil Rights Act, Moore served the Defendant. Docs. 14; 15; 16. The Defendant, again, failed to plead or otherwise defend against the suit.

         At Moore's request, the Court convened a bench trial on December 13, 2018. Doc. 29. Only Moore appeared and presented evidence. Id. At the conclusion of the trial, the Court did not issue a judgment and ordered Moore's counsel to submit proposed findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure. Id. Moore's counsel complied. Doc. 32.

         II. FINDINGS OF FACT

         The Court makes the following findings of fact based on Moore's evidence presented at trial:

1. Moore was hired by the Defendant in February 2016 as a lumber inspector. Doc. 31 at 4:24-5:3, 5:14-21.
2. Moore was sixty-six years old when he was hired by the Defendant. Id. at 5:4-6.
3. The Defendant manufactured pallets from raw lumber and shipped those pallets in and out of the State of Georgia. Id. at 5:7-13.
4. The Defendant employed between forty and sixty people. Id. at 5:24-6:1.
5. Moore was paid $8.00 per hour while working for the Defendant. Id. at 6:2-4.
6. Moore never received any disciplinary or performance warnings from the Defendant while employed by the ...

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